LTC holder exempt from FBI Background check?

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bblhd672
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LTC holder exempt from FBI Background check?

#1

Post by bblhd672 »

I have heard several times that a benefit of having LTC is that you do not have to undergo an FBI background check when purchasing a gun.

I purchased a .22 semi-auto pistol yesterday and the store employee said I still had to do the FBI background check.

Is what I have heard correct? Or does every purchase require a background check?
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RPBrown
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Re: LTC holder exempt from FBI Background check?

#2

Post by RPBrown »

It does allow you to bypass the NICS check, however, you still have to fill out the paperwork.
Now, some dealers still take it upon themselves to run the checks and that is their decision alone to do so.
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jb2012
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Re: LTC holder exempt from FBI Background check?

#3

Post by jb2012 »

I think as stated above, the correct terminology is not exempt, per say, but at the dealer's discretion an FBI BG check is optional. I have heard of several instances where the dealer has still done the BG check. I bought a shotgun in may, and got to skip it, as well as two lowers in June, also skipping the background checks. Sure does save some time! I have waited over an hour on checks before, and when I bought my shotgun I was in and out of the store in roughly 15 minutes.
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bblhd672
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Re: LTC holder exempt from FBI Background check?

#4

Post by bblhd672 »

Thanks for the clarification!
The left lies about everything. Truth is a liberal value, and truth is a conservative value, but it has never been a left-wing value. People on the left say whatever advances their immediate agenda. Power is their moral lodestar; therefore, truth is always subservient to it. - Dennis Prager

berettadave
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Re: LTC holder exempt from FBI Background check?

#5

Post by berettadave »

I think if they want to do a background check on a LTC holder then said LTC holder ought to find another business to deal with. JMO.

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Re: LTC holder exempt from FBI Background check?

#6

Post by vjallen75 »

Before academy pulled the ARs off the shelves I bought my EDC there. The gentleman that did the background check told me if I had my LTC I could've skipped it. Took me about an hour fully at the store.
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loscar141
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Re: LTC holder exempt from FBI Background check?

#7

Post by loscar141 »

I agree, I was going to buy a gun at a gun store not to far from me, and I showed him my license and LTC and I waited for 35 mins, when he came back, I asked him why it took so long, he told me he was waiting on the NICS, He said it was store policy to do a background check on everyone. I told him I didnt agree didn't buy the gun and left the store.
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Re: LTC holder exempt from FBI Background check?

#8

Post by Scott B. »

If you bought it in a big box/chain store, then it may be their company policy to still run the NICS check. You are correct that an LTC license exempts you from the requirement.

Question 23 of the 4473.

"No NICS check was required because the buyer has a valid permit from the State where the transfer is to take place, which qualifies as an exemption to NICS (See instructions for Question 23)."

Not all state 'carry' licensees qualify for the exemption. Texas does. This may explain the corporate policy for a national chain.


FYI: NICS checks for us take about 30 seconds on average via computer.
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Re: LTC holder exempt from FBI Background check?

#9

Post by loscar141 »

What I don't understand is that the gun store asked if I had a LTC, like it would get me threw the transaction quicker. I didn't want to waste their time or mine. Had they been up front and said "even if you have a LTC, we do the background check" I would of said ok that's fine and walked out. I'm not the the type of person that will complete a transaction because I put a lot of time into it.

One time I was a few signatures away from buying a car after about 2 hours into the transaction, they dealership tried to sneak in a extended warranty for a couple of grand. They said they were giving it to me, I assumed it meant free. I walked away from the car they said they would take it off but I told them I couldn't trust them and left.

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Re: LTC holder exempt from FBI Background check?

#10

Post by Soccerdad1995 »

I think the delay is usually more dependent on the employee's overall competence than whether there is a NICS check done. Some places seem to take forever even when you skip the NICS check.

On a somewhat related note, I was surprised recently to discover that people running NICS checks can see your recent history. I had moved and my LTC with new address was still in the mail, so I needed to do background checks. One dealer remarked "wow, your name is all over the NICS system. You must buy a lot of guns." This was the second transfer I had ever done with that dealer and the other one was 2 months prior, so there is no way he was talking about their internal records. Setting aside the fact that "a lot" of guns is a different number for different people, I was unpleasantly surprised that he appeared to have access to my purchase history.
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Re: LTC holder exempt from FBI Background check?

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Post by ELB »

The exemption from the NICS check is in federal regulations, not statute, IIRC, so you can bet when Hillary is president that is one regulation that will be changed to eliminate the exemption and force background checks on everyone. I am somewhat surprised that President Pen & Phone hasn't tried this yet. You can bet there among the many Hillary's anti-gun supporters making a list of federal regs that can be changed at the agency level to throw grit in the gears of firearms ownership. I will also bet that she pushes to have the statute that provides for NICS to be changed to allow legal retention of the records permanently.
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Re: LTC holder exempt from FBI Background check?

#12

Post by ELB »

Soccerdad1995 wrote: ...On a somewhat related note, I was surprised recently to discover that people running NICS checks can see your recent history. ... One dealer remarked "wow, your name is all over the NICS system. You must buy a lot of guns." This was the second transfer I had ever done with that dealer and the other one was 2 months prior, so there is no way he was talking about their internal records. ....
That's interesting. Did you get a denial or a undetermined status on the previous purchases? In the case of a "proceed" determination, the identifying information on the transferee (buyer) is supposed to be destroyed within 24 hours (in the NICS). "Open" transactions can be maintained for 90 days and denials for 10 years:

(
28 CFR 25.9 - Retention and destruction of records in the system.

b) The FBI will maintain an automated NICS Audit Log of all incoming and outgoing transactions that pass through the system.

(1) Contents. The NICS Audit Log will record the following information: Type of transaction (inquiry or response), line number, time, date of inquiry, header, message key, ORI or FFL identifier, and inquiry/response data (including the name and other identifying information about the prospective transferee and the NTN).

(i) NICS denied transaction records obtained or created in the course of the operation of the system will be retained in the Audit Log for 10 years, after which time they will be transferred to an appropriate FBI-maintained electronic database.

(ii) NICS Audit Log records relating to transactions in an open status, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry; and

(iii) In cases of NICS Audit Log records relating to allowed transactions, all identifying information submitted by or on behalf of the transferee will be destroyed within 24 hours after the FFL receives communication of the determination that the transfer may proceed. All other information, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry.
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Re: LTC holder exempt from FBI Background check?

#13

Post by mrvmax »

jb2012 wrote:I think as stated above, the correct terminology is not exempt, per say, but at the dealer's discretion an FBI BG check is optional. I have heard of several instances where the dealer has still done the BG check. I bought a shotgun in may, and got to skip it, as well as two lowers in June, also skipping the background checks. Sure does save some time! I have waited over an hour on checks before, and when I bought my shotgun I was in and out of the store in roughly 15 minutes.
It normally takes me about 30 seconds to get an answer on an E-NICS check. I can have someone in and out in five minutes.
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Re: LTC holder exempt from FBI Background check?

#14

Post by Scott B. »

Soccerdad1995 wrote:On a somewhat related note, I was surprised recently to discover that people running NICS checks can see your recent history....
Definitely not NICS. The only way your name would show in NCIS is if you had another transfer going on w/ the same FFL and it was either Delayed, Denied, or Open status--and the results hadn't been retrieved by the FFL--period.
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Re: LTC holder exempt from FBI Background check?

#15

Post by goose »

Scott B. wrote:
Soccerdad1995 wrote:On a somewhat related note, I was surprised recently to discover that people running NICS checks can see your recent history....
Definitely not NICS. The only way your name would show in NCIS is if you had another transfer going on w/ the same FFL and it was either Delayed, Denied, or Open status--and the results hadn't been retrieved by the FFL--period.
ELB wrote: That's interesting. Did you get a denial or a undetermined status on the previous purchases? In the case of a "proceed" determination, the identifying information on the transferee (buyer) is supposed to be destroyed within 24 hours (in the NICS). "Open" transactions can be maintained for 90 days and denials for 10 years:
I like reading these parts! Thank you ELB and Scott B. for the clarifications.
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